The Lagos High Court sitting in the Ikeja area has ordered the arrest of the Chairman/CEO of Ibeto Energy Development Company, Cletus Ibeto, for allegedly refusing to appear in court for his trial over alleged 4.8bn fraud.
The bench warrant was issued by Justice Ismail Ijelu on Friday following a motion by the counsel to the Economic and Financial Crimes Commission (EFCC), Rotimi Jacobs, SAN.
Jacobs informed the judge that the defendant had flagrantly failed and refused to appear in court despite repeated hearing notices served on him.
The EFCC had charged the defendant alongside his companies, Ibeto Energy Development Company and Odoh Holdings Ltd on a 10-count charge of conspiracy, fraud, forgery and fraudulent use of documents.
His arraignment was stalled on September 28 and October 5 over his failure to appear in court, although he was represented by his lawyers.
His lawyer, Onyechi Ikpeazu, SAN, had informed the judge that his client was absent due to ill health but promised to produce him in court today where he was again represented by another counsel, Dada Awosika, SAN, who also told the judge that the defendant was sick and could not attend court.
Following his absence in court today, the Counsel for the EFCC, Rotimi Jacobs, who claimed that the defendant is in Lagos, urged the court to issue a bench warrant for Ibeto’s arrest.
“Senior lawyers cannot come to court and waste the court’s time. We urge the court to grant us a warrant of arrest to force the defendant to court,” Jacob said.
In his ruling, Justice Ijelu held that “The defence counsel decided to waste the court’s time. The court is the symbol of the state and not an object of ridicule.
“Although the senior counsel appeared in this matter for the first time, two senior counsels have previously appeared and promised that the defendant will appear for his arraignment.
“In the absence of any cogent excuse to produce the defendant for arraignment, a bench warrant is hereby issued against the defendant,” the court ruled.
Justice Ijelu adjourned the trial to November 15 for the arraignment of the defendant.
Count 1 of the charge says that Ibeto, Ibeto Energy Development Ltd and Odoh Holdings Ltd between June 2016 & May 2017 within the jurisdiction of the court by false pretence and with intent to defraud, obtained from Dozzy Oil & Gas Ltd and Sir Daniel Chukwudozie, the sum of N4.8bn purporting same to be a consideration for 22.6536 hectares of land which he claimed to have at the end of Reclamation Road Layout, Port Harcourt, Rivers State by a deed of sublease executed by Odoh Holdings and into Energy Development Ltd when he only had 7.9 hectares of the said land.
Count 2 states that the defendants obtained N2.5bn from their victim as consideration for a non-existent 14.1 hectares of land while count 3 claims that they forged certain documents.
The offences are contrary to Section 1 of the Advance Fee Fraud Act 2006, Section 365(3d) & (e) & 366 of the Criminal Law of Lagos State, 2015.
Ifunanya Ikueze is an Engineer, Safety Professional, Writer, Investor, Entrepreneur and Educator.
